S, and the binding guidelines laid down by the Hon'ble Supreme Court in D.K v. State of West Bengal and in the lines of the decision of the Hon'ble

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order, or Direction, more particularly one in the nature of Writ of Habeas Corpus a) Declaring the action of the Respondent No.4 and 5 in illegally detaining the Petitioner's son, Degavath Arhbaji (A1), in connection with Crime No. 205 of 2025 on the file of Lallaguda PS. Hyderabad, as illegal, arbitrary, unconstitutional, and in gross violation of Article 22(2) ot lhe Constitution of lndia, Section 58 of the BNSS, and the binding guidelines laid down by the Hon'ble Supreme Court in D.K. Basu v. State of West Bengal and in the lines of the decision of the Hon'ble Apex Court in Gautam Navlakha v. National lnvestigation Agency b) who is subsequently illegally remanded by the learned Magistrate, XXll Additional Chief Metropolitan Magistrate, Secunderabad in contrary to the constitutional mandate and settled law, being passed mechanically and thereby afflicted with the vice of absolute illegality ,rendering the detention unco n stitutiona l, and void ab initio c) Direct the Respondents to produce the detenue, Degavath Ambaji (Al), presently confined in the Central Prison, Chanchalguda, Hyderabad (Respondent No. 5), before this Hon'ble Court and release him declaring their forceful detention by the Respondents and subsequent remand as illegal, unconstitutiona I, and violative of Articles 19, 20, and 21 of the Constitution of lndia, as well as contrary to the mandatory safeguards under Sections 58 of the BNSS, 2023, and in direct violation of the principles laid down in D.K. Basu and Gautam Navlakha. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased lnterim to direct the Respondents to forthwith preserve and produce before this Hon'ble Court all relevant CCTV footage, General Diary entries, and Station House Records pertaining to the period 13.10.2025 to 14.10.2025 from the premises of Lallaguda and Chattabazar Pobce Stations, Hyderabad District, in order to ascertain the truth of the illegal detention of the detenue pending disposal of the above writ petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Direct the Respondents to produce the detenue, namely Sri Degavath Ambaji (A-1), before this Hon'ble Court, who is presently lodged in Central prison, Chanchalguda, Hyderabad pending disposal of the writ petition. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to enlarge the Petitioners's son, namely Sri Degavath Ambayi (A-1), on interim bail in connection with Crime No.205 of 2025, registered by Lallaguda police Station, Hyderabad District pending disposal of the above writ peition. Counsel for the Petitioner: SRI KAVALI VISHNU KANTH Counsel for the Respondents: SRI T.RAVI KUMAR, AGP FOR THE ADVOCATE GENERAL The Court made the following: ORDER THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON'BLE JUSTICE GADI PRAVEEN KUMAR WRIT PETITION No.33287 OF 2025 Mr.Vishnu kanth, lcarned counsel appearing for the petitroner Mr.T.Ravi kurnar, the learned Assistant Government Pleader representing the learned Advocate General :rppearing for the respondents. ORDER: (Per l{on'ble..lustice Moushumi Bhattacharya)

1. We have heard learned counsel appearing for the petitioner and the learned Assistant Government Pleader appearinE{ for the respondents.

2. The Written Instructions of the Sub Inspector of Police, Lalaguda Police Station, is placed on record.

3. Thr-- Written Instructions specifically state that the alleged deLenu \(/as arrested on 14.1O.2025 at 10.OO A.M. from Vikarabacl Railway Station and was produced before the learned XXII Additional Chief Judicial Magistrate at Secunderabad ('the Trial Cor-rrt') on the same day after complying with the procedure under sections 47 and 48 of The Bharatiya Nagarik Suraksha Sanhitha, 2023 ('the BNSS, 2023). The alleged detenu was there after sent to judicial custody and was lodged at Central Prison, Chanchalguda, Hyderabad on the same day i.e., 14.10.2025 at 19:4O hours. The remand case diary dated

14.LO.2O25, the prison receipt dated 14.10.2025 as well as the a4 : 2 order of the Trial court dated L4.ro.2o25 form part of the written instructions which are placed before the court. 4. The petitioner, who is the father of the alleged detenu submits that the remand order of the 'lrial court dated r4.1o.2o25 is liable to be challenged, since the order does not contain any reasons.

5. Learned counsel for the petitioner places a judgment in Gautam Naulakha V. National Inuestigation Agency t in this regard. The said decision has been placed to urge that a writ of Habeas corpus lies against the order of remand under section 167 of The Code of Criminal procedure, 1973. 6. we have considered the material placed before us. Paragraptr No.4 of the remand order dated 14.1o.2o25 contains reasons including the fact that the prima facie case against the accused for the offences under sections l08, 23g, 249 (b) of The Bharatiya Nyaya Sanhita, 2023. The order also records that the police have complied with sections 47,48, s3 of the BNSS, 2023 before issuing the arrest Memo.

7. we do not find the order to be passed in a mechanical manner. our view is buttress by the facts recorded in the remand case dairy which show that the detenu confessed to '(2022) 13 SCC 542 ' ..:; fI J commit the offence in the presence of two mediators and voluntarily clisclosed his name and particulars. The contents of the remand casc diary also show the serious nature of the oflencc commit,ted against the deceased (daughter of the complainant), who subsequently committed suicide on 08.10.2025.

8. we according$ do not find any reason to grant any interim relief or final relief rvhich is for release of the detenu (pra1,er of the vt,rit petition seeking enlargement of the detenu by the respondents in connection with crime No.205 of 2o2s). 9. w.P.No.3328T of 2o2s is dismissed in terms of the above, along rvith all connected apprications. There shall be no order as to costs. SD/. AHME ABDULLAH KHAN SI TANT REGISTRAR //TRUE COPY//

1. One CC to SRI KAVALI VTSHNU KANTH , Advocate 2. Two CCs to THE ADVOCATE GENERA L, High Co urt Telangana, at Hyderabad lourl Two CD Copies

3. PSK. LS ?fi- CTION OFFICER UC] the State of \ To d 4, HIGH COURT DATED:06/1 112025 ORDER WP.No.33287 of 2025

11.:,8.5 f. 2 0 DEr iflm t. .) t I \ _1.

1.) 13'..;lr,.i 1 l'i.lii DISMISSING THE WRIT PETITION WITHOUT COSTS (u 6 1L, u{ I I